WILKES-BARRE — Luzerne County Judge David Lupas on Monday sentenced Phillip Harvey, 37, to five to 10 years in state prison on a drug offense.
Wilkes-Barre police arrested Harvey when he was stopped in the area of Academy and Elder streets on July 23. Police said the area is a high crime area known for drug activity, according to arrest records.
According to the criminal complaint:
An officer approached Harvey, asking if he lived in the area. Harvey replied, “Yes, I live at 40 Irving Place.”
The officer asked Harvey for identification, which Harvey said was in his residence. Harvey became nervous, began to breathe heavily and avoided eye contact with the officer, according to the complaint. The officer then noticed a bulge in Harvey’s waistband.
A records check showed an active arrest warrant for Harvey, the complaint states. Police said they lifted Harvey’s shirt and found a concealed gun. A quantity of heroin, $391 and a cellphone were also found in Harvey’s pocket, according to the affidavit.
The gun, a .45-caliber, was loaded, police said.
A search warrant was served at Harvey’s residence, where police said they found two boxes of ammunition, a digital scale, an address book, a razor blade, small plastic bags, a box containing rubber bands, a pipe, two plastic bags containing white powder and a bag containing heroin, according to the search warrant return receipt.
Harvey had been convicted in 1998 on a drug charge and not permitted to carry, own and possess a firearm, police said.
Harvey was sentenced on a charge of possession with intent to deliver heroin.